- All figures in this paragraph are from Ministry of Economic Development, Energy Data File January 2004, available at www.med.govt.nz, and Energy Data File July 2002. In 2001, New Zealand's percentage of renewables as part of total consumer energy (29 per cent) compared with six per cent for Australia and the United States and 25 per cent for Sweden: Energy Efficiency and Conservation Authority, National Energy Efficiency and Conservation Strategy (Wellington: the Authority, September 2001), p 5.
- Performance in the related field of energy efficiency has also not been good, compared either with other OECD countries, or with the levels of 20 years ago: New Zealand Energy Outlook to 2020 (Wellington: Ministry for Economic Development, 2000), p vi, and Key World Energy Statistics (Paris: International Energy Agency, 2003), p 55. But it must be seen in the light of the large role of processing of primary produce from mines, farms and forests, and of development and then retrenchment of a petrochemical industry.
- New Zealand is seeing rapid growth in wind energy generation capacity.
- B J Barton, ‘From Public Service to Market Commodity: Electricity and Gas Law in New Zealand’ (1998) 16JERL351.
- Parliamentary Commissioner for the Environment, Getting More for Less: A Review of Progress on Energy Efficiency and Renewable Energy Initiatives in New Zealand (Wellington, 2000). The latter was an update of Parliamentary Commissioner for the Environment, Sustainable Energy Management in New Zealand: Improvements Required in Government Policy (Wellington, 1992).
- B J Barton, ‘Reaching the Limits of what the Market will Provide: Energy Security in New Zealand’ in B Barton, C Redgwell, A Rønne and D Zillman (eds), Energy Security: Managing Risk in a Dynamic Legal and Regulatory Environment (Oxford: Oxford University Press, 2004), pp 373–389.
- EECA media release, 8 September 2003. The Environmental Risk Management Authority's approval of use of the substance is HSR 000073, 26 August 2003.
- Media release, H Duynhoven, ‘Govt boost for gas exploration’, 14June 2004.
- Available at www.med.govt.nz. It has apparently not been superseded. Sustainable Development for New Zealand: Programme of Action (Wellington: Dept of Prime Minister & Cabinet, January 2003), Energy, 3.2, p 16, refers to it and reiterates its overarching goal.
- Under s 36, the Act confers regulation-making powers on the Governor-General in Council, rather than on EECA; and it is only s 36(1) (f) that touches on renewables, for regulations requiring specified persons to supply information for statistical purposes.
- Wellington: EECA, September 2001.
- Renewable Energy Targets and Mechanisms, CAB Min (02) 26/20, 7 October 2002, available at www.eeca.govt.nz.
- Generally, see www.climatechange.govt.nz.
- Media release, p Hodgson, ′15 climate-friendly projects win Kyoto carbon credits’, 7 December 2003.
- Environment Waikato (formally named Waikato Regional Council), Proposed Waikato Regional Plan, Proposed Variation No 2: Geothermal Module, 23 August 2003.
- Ngati Rangi Trust v Manawatu-Wanganui Regional Council, unreported, Environment Court A67/04, 18 May 2004.
- Fleet-wing Farms Ltd.? Marlborough District Council [1997] 3 NZLR 257 (CA).
- In Parliament there were reservations expressed about including geothermal, because many geothermal systems have long replenishment periods and cannot provide truly renewable energy on a substantial scale.
- Donnithome v Christchurch City Council [1994] NZRMA 97 (PT); Marlborough District Council v Southern Ocean Seafoods Ltd [1995] NZRMA 220 and 336 (PT).
- BJ Barton, ‘Does Electricity Market Liberalization Contribute to Energy Sustainability?’ in A J Bradbrook and R L Ottinger (eds), Energy Law and Sustainable Development (Cambridge: IUCN Publications, 2003), pp 217–231.
- Barton, n 3 above, at 353.
- David Caygill (chairperson), Susan Wakefield and Stephen Kelly, Inquiry into the Electricity Industry: Report to the Minister of Energy (Wellington: Ministry of Economic Development, 2000).
- D Caygill, ‘Why Did Electricity Self-Regulation Fail?’ (2004) 7 Centre of New Zealand Jurisprudence Yearbook 20. David Caygill was Chair of the Ministerial Inquiry, the recommendations of which formed a large part of the Electricity Amendment Act, and the drive to a new structure for self-regulation.
- Since this article was written, this Bill has now been enacted, substantially as described here, in the main part as the Electricity Amendment Act 2004.
- Section 172N. The Bill of 2003 had significant criticism from the industry and consumers before the parliamentary Select Committee. Targets included this statement of objective, Commission accountability, and lack of independence from the Minister. The Committee has recommended many changes. The main criticisms are contained in G Scott, ‘Submission to the Commerce Committee on the Electricity and Gas Industries Bill 2003’ (LECG Ltd, 30 Jan 2004) available at www.vector-network.co.nz. References to the Bill in this article are to its First Reading form.
- Government Policy Statement on Energy Governance, Draft as at 14 September 2003, available at www.med.govt.nz.
- Sections 172ZO-172ZQ. Again these sections are being revised by the Bill of 2003. Outcomes concerning the environment’ is not defined.
- Clause 9, inserting a new s 172D(1) (23).
- In s 46A ‘new renewable energy source’ was defined as ‘an energy source that occurs naturally and the use of which will not permanently deplete New Zealand's energy sources of that kind, because those sources are generally expected to be replenished by natural processes within 50 years or less of being used’. And it excluded hydro or geothermal sources at a plant of more than 5 MW.
Journal of Energy & Natural Resources Law
Volume 23, 2005 - Issue 2: Renewables